UK Government Wants Brexit Deal Validity for REACH Registrations

The UK government has reaffirmed its position that it wants existing REACH registrations and authorisations to remain valid in both the EU and UK markets after Brexit.

And, according to a government spokeperson, the matter has been a key topic of the opening phase of Brexit negotiations.

The comments were due to be made in a speech by Steve Baker, a junior minister in the Department for Exiting the European Union at last week's Brexit conference, which was hosted by the Chemical Industries Association (CIA). Mr Baker was forced to pull out at the last minute but supplied his speaker's notes to the organisation.

"The UK’s position is clear," the notes say. "We want existing registrations, authorisations and approvals to remain valid in both the EU and UK markets. Clearly, this is in the interests of businesses in the UK and the EU. [The government] recognises the complex compliance activity that takes place through supply chains.

"We understand the concerns of businesses regarding the validity of their REACH registrations, as well as the costs that industry have already invested to comply with REACH," he says. "We have been listening to what businesses and others have been telling us about their concerns for the future and the potential impacts and opportunities of EU Exit. We will continue do this.

"I can assure you that this matter has been a key topic of the opening phase of negotiations. Our position paper on this in August sets out the UK’s principles for ensuring goods continue to be available on UK and EU markets."

The CBA, CIA and Cefic have all called for regulatory consistency and for the country to remain in REACH. Failure to do so, they say, might result in British registrations and authorisation applications becoming invalid.

Continuity

In the short-term, Mr Baker’s notes say, the EU Withdrawal Bill will provide "continuity" for the chemicals sector, because it is "designed to ensure" that the UK exits the Union with "certainty, continuity and control".

According to the notes, the UK wants:

> high standards of protection of human health and the environment;

> to make sure it can respond to emerging risks; and

> to make sure it can minimise barriers to trade.

Britain and the EU start from "the unique position" of regulatory alignment, Mr Baker says. "So the question for us now, in building a new economic partnership, is not how we bring our rules and regulations closer together, but how we manage our interdependence in a way that maintains the balance of rights and obligations that flow from this regulatory relationship."

It is in the "mutual interests" of the UK and EU chemicals industries to agree a deal that allows the greatest possible tariff-free and barrier-free trade in chemicals.

In the "unlikely scenario" that no mutually satisfactory agreement can be reached, the government will "make sure we continue to have a functioning chemicals regulatory and enforcement system".

Earlier this month, CIA and Cefic said failure to secure a transition period and a new UK/EU trade agreement after Brexit could cost the chemicals industry an extra €1.5bn a year.

Collaboration

The chemicals sector, Mr Baker’s notes say, is "the industry of industries", and one of the UK’s "core objectives" is to continue to collaborate with European partners on major science, research and technology initiatives.

"The UK will look to build on its unique relationship with the EU and establish an agreement on science and innovation that ensures the valuable research links between us continue to grow."

And the notes say "stakeholder engagement is a central element" of the government’s plan to build its negotiating positions.

Industry and NGOs have both called for business to "speak up" for a better Brexit, through cooperation and more visibly communicating their concerns.